New York State Assembly

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A11373 Summary:

BILL NO	A11373
SAME AS	No Same As
SPONSOR	Rules (Montesano)
COSPNSR
MLTSPNSR
Amd §3018, CPLR
Provides that qualified privilege shall not be an affirmative defense to defamation if the statements giving rise to the claim are made in the course of a judicial proceeding or a quasi-judicial proceeding and are not pertinent or cannot be deemed relevant despite every liberality of interpretation to such proceedings.

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A11373 Actions:

BILL NO	A11373
10/19/2018	referred to judiciary

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A11373 Committee Votes:

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A11373 Floor Votes:

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A11373 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11373
 
                   IN ASSEMBLY
 
                                    October 19, 2018
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Montesano)
          -- read once and referred to the Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation to prohib-
          iting affirmative defenses in certain defamation actions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 3018 of the civil practice law and rules is amended
     2  by adding a new subdivision (c) to read as follows:
     3    (c)  Defamation. However, qualified privilege shall not be an affirma-
     4  tive defense to defamation if the statements giving rise  to  the  claim
     5  are  made  in  the  course  of a judicial proceeding or a quasi-judicial
     6  proceeding and are not pertinent or cannot be  deemed  relevant  despite
     7  every liberality of interpretation to such proceedings.
     8    §  2.  This  act shall take effect immediately; provided, however, the
     9  provisions contained in subdivision (c) of section  3018  of  the  civil
    10  practice law and rules shall apply to actions commenced on or before the
    11  effective date of this act.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16539-01-8

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